Bombay High Court
Meeta Yuvraj Bakde And Another vs The State Of Maharashtra Thr. The ... on 5 September, 2023
Bench: Avinash G. Gharote, Urmila Sachin Phalke
2023:BHC-NAG:13268-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 7418/2022
PETITIONERS: 1] Meeta Yuvraj Bakde,
Age 47 years, Occupation: Housewife,
"Amey Opp. Balaji Dal Mill, Near Dr.
Marothi Hospital, Shastri Ward,
Hinganghat, District Wardha 442 301.
2] Sulbha Dhanraj Kumbhare,
Age 60 years, Occupation- Housewife,
Plot No. 30, LIC Colony, Ajani
Nagpur -440015.
...V E R S U S...
RESPONDENTS 1] The State of Maharashtra,
through the Secretary,
Urban Development Department,
Mantralaya, Bombay.
2] The Director of Town Planning,
State of Maharashtra,
Central Building, Pune-1.
3] The Municipal Council (M.C.)/
Nagar Parishad Hinganghat, through
its Chief Officer, Tq. Hinganghat,
District Wardha.
4] Assistant Director of Town Planner,
Valuation Office Wardha, Ambedkar
Chowk, Sawangi Road, Near Stadium,
Wardha.
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Mr. G.K. Mundhada, counsel for the petitioners.
Ms. Kalyani Deshpande, AGP for respondent Nos. 1,2 and 4.
Mr. Sagar Katkar, counsel for respondent No.3.
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CORAM : AVINASH G. GHAROTE &
URMILA JOSHI-PHALKE, JJ
DATE : 05/09/2023
JUDGMENT : (PC)
1. Rule. Rule is made returnable forthwith. Heard
finally by consent of the parties.
2. By filing a Pursis dated 17/8/2023 bearing stamp
No.03/2023, Mr. G.K. Mundhada, learned counsel for the
petitioners has restricted the present petition to a declaration
under Section 127 of the Maharashtra Regional Town
Planning Act, 1966 (for short 'the MRTP Act').
3. The learned Counsel for the petitioners seeks a
declaration that the reservation of play ground vide
Reservation No. 17, in respect of the lands of survey
No.132/6/1, admeasuring 932.79 sq. mtr.; survey No.
132/6/2, admeasuring 742.5 sq. mtr., and survey No.
132/6/3 admeasuring 833.01 sq. mts. situated at village
Nandgaon (B), Tah. Hinganghat, District- Wardha has been
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lapsed.
4. The reservation which was created in view of the
sanction of development plan on 26/9/2008. As nothing was
done for more than a period of 10 years, a notice under
Section 127 of the MRTP Act came to be issued on 24.7.2020,
which is received by the respondent no.3 on 29.7.2020 along
with the requisite documents. The rejection of the notice by
the respondent no.3 is on the ground, that the measurement
sheet was not submitted. The measurement sheet is not a
document which is required to be submitted along with the
purchase notice under Section 127 of the MRTP Act.
5. Mr. Sagar Katkar, learned counsel for the
respondent No.3 is unable to point out any other reason for
rejection of the purchase notice and categorically admits, that
no proposal was sent to the Collector, in pursuance to the
purchase notice. He also does not dispute that the purchase
notice was received on 29.7.2020 along with the requisite
documents of title. That being the position, in our considered
opinion, the statutory requirements of Section 127 of the
MRTP Act having being complied with, and no purchase
proposal having been sent during the statutory period, which
expired on 28.7.2022, the petitioner would be entitled to a
declaration of lapsing of reservation. Hence, we pass the
following order.
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a) The writ petition is allowed.
b) It is declared that reservation no. 17 in respect
of the aforesaid lands stands lapsed u/s 127 (1)
of the MRTP Act.
c) The respondent no.2 is further directed to issue
an appropriate notification u/s 127 (2) of the
MRTP Act, within a period of eight weeks from
today.
d) Rule is made absolute in above terms. No
costs.
(URMILA JOSHI-PHALKE, J) (AVINASH G. GHAROTE, J.)
rkn
Signed by: Mr. R.K. NANDURKAR
Designation: PA To Honourable Judge
Date: 06/09/2023 19:34:30
